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Medical Professional Certified Case Manager Certification Exam (CCM) Sample Questions (Q119-Q124):

NEW QUESTION # 119
If the Engineer is required to obtain the Employer's prior approval to issue determinations (including such requirement in the Particular Conditions) and such approval was not given by the Employer, what possible options are at stake for the Engineer to proceed? [1999 Edition] (2 correct answers apply) Choose all of the correct answers (multiple possibilities).

Answer: C,D

Explanation:
Under the FIDIC Red Book 1999 Edition, the Engineer is generally responsible for issuing determinations on claims and contract matters. However, if the Particular Conditions require the Engineer to obtain the Employer's prior approval before issuing such determinations, the Engineer's options become limited if that approval is not granted.
* Option C (Issuing the determination to the Contractor in the form and with the content agreeable to the Employer, with a remark that it is the Employer's determination and not the Engineer's determination)is a practical approach often taken. The Engineer may issue the determination as directed or approved by the Employer but must clarify that it reflects the Employer's decision rather than the Engineer's independent determination.
* Option D (Informing the Contractor of their inability to issue the determination, due to lack of Employer's approval)aligns with transparency and procedural correctness. The Engineer should notify the Contractor if they cannot proceed with the determination, explaining the reason to avoid misunderstanding or delay.
* Option A (Remain silent and do nothing)isnot appropriate, as it may cause project delays and disputes.
* Option B (Referring the matter directly to the Dispute Adjudication Board)without a determination from the Engineer is not standard procedure under the 1999 edition. The Engineer's determination or failure to determine generally triggers the dispute resolution process, but referral is normally after due process, including issuing or attempting to issue a determination.
Hence,Options C and Dare the appropriate courses of action.
References:
FIDIC Red Book 1999 Edition, Sub-Clause 3.5 - Determinations
FIDIC Red Book 1999 Edition, Particular Conditions (typical clauses on Engineer's authority) FIDIC Contract Manager Study Guide, Module on Claims and Dispute Resolution


NEW QUESTION # 120
Which of the following statements are not correct?
Choose all of the correct answers (multiple possibilities).

Answer: C,E

Explanation:
In FIDIC contracts (2017 editions), meetings such as progress or management meetings are key tools for communication and coordination among parties. The contract provisions and practical use reflect flexibility regarding who can request or call for such meetings.
* Option Ais correct: Both the Contractor and the Engineer can request or call meetings as needed to discuss project progress, issues, or coordination. This promotes proactive communication.
* Option Bisincorrect(and therefore included in the answer): It is not only the Engineer who can call meetings. The Contractor can also request meetings.
* Option Cis generally correct: Subcontractors may attend meetings only with the Engineer's approval or if invited. This controls confidentiality and relevance of discussions.
* Option Disincorrect: Only the Employer calling meetings is not correct. The Employer may do so but is not the only party authorized.
* Option Eis correct: The Engineer typically keeps records (minutes) of progress meetings to document discussions, decisions, and agreed actions. This is essential for contract administration.
Hence, theincorrectstatements areBandD.
References:
FIDIC Red Book 2017 Edition, Sub-Clause 4.28 - Progress Reports and Meetings FIDIC Yellow Book 2017 Edition, similar clauses on meetings and communication FIDIC Contract Manager Study Guide, Module on Communication and Reporting


NEW QUESTION # 121
In the FIDIC Silver Book (edition 1999), if the Employer has instructed the Contractor as per Sub-Clause 8.6 to provide a revised programme to stay within Time of Completion, the Employer can claim additional costs.
This only applies if the revised programme is still too slow to complete the Works within the Time for Completion. Is this statement true or false?

Answer: A

Explanation:
This statement is true. Under FIDIC Silver Book 1999, Sub-Clause 8.6, the Employer can instruct the Contractor to submit a revised programme to meet the contractual Time for Completion. If, after such instruction, the revised programme still shows the Works will not complete on time, the Employer may claim additional costs (such as delay damages or compensation) due to continued delay.
Thus, the Employer's right to claim additional costs is contingent on the revised programme not enabling timely completion.
References:
FIDIC Silver Book 1999 Edition, Sub-Clause 8.6 - Revised Programme
FIDIC Contract Manager Study Guide, Module on Claims and Delay Damages


NEW QUESTION # 122
Choose which one statement consists of an example of an unclear and ambiguously drafted Particular Conditions.

Answer: A

Explanation:
The use of vague phrases such as "not used" in Particular Conditions to delete provisions of the General Conditions without replacement or explanation leads to ambiguity and unclear contractual obligations. Such drafting can cause confusion as it fails to clarify whether the deleted provisions are simply not applicable or replaced by other terms. This practice is discouraged because it creates legal uncertainty and possible disputes regarding the rights and responsibilities of the parties.
Option A exemplifies this problem, as it deletes General Conditions clauses without specifying alternatives or clarifications.
Option B is a good practice where deletions are replaced by well-defined clauses to maintain contract balance.
Option C describes a clear method of issuing clarifications, promoting transparency and traceability.
Option D is consistent with standard practice, where clarifications during tender are formalized by contract amendments.
References:
FIDIC Contract Manager Study Guide, Module on Contract Administration Procedures and Particular Conditions drafting FIDIC Red Book 2017 Guide notes on drafting Particular Conditions


NEW QUESTION # 123
Under the FIDIC Red Book (edition 1999), as part of the Contractor submission of Statement, any amount to be deducted for retention, will be calculated by applying the percentage of retention stated in the Appendix to Tender to the total of: (two correct answers apply) Choose all of the correct answers (multiple possibilities).

Answer: A,C

Explanation:
Under FIDIC Red Book 1999, retention is calculated as a percentage (stated in Appendix to Tender) of the value of Works executed and Plant and Materials in accordance with Sub-Clause 14.5 that are on or off Site but intended for incorporation.
Option A is correct: Retention applies to the value of executed works.
Option D is correct: It also applies to Plant and Materials under Sub-Clause 14.5.
Option B is incorrect; advance payments and repayments are not part of retention calculations.
Option C is incorrect; changes due to legislation or costs are not included in retention calculation.
References:
FIDIC Red Book 1999 Edition, Sub-Clause 14.5 - Plant and Materials; Sub-Clause 14.6 - Retention FIDIC Contract Manager Study Guide, Module on Payment and Retention Procedures


NEW QUESTION # 124
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